PEOPLE v. HOLLMOND (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew D'Emic, J.), rendered April 26, 2023, convicting him of manslaughter in the first degree and attempted murder in the second degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his sentence as a second felony offender is unconstitutional in light of Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 is unpreserved for appellate review (see CPL 470.05[2];  People v. Rosen, 96 N.Y.2d 329, 335, 728 N.Y.S.2d 407, 752 N.E.2d 844;  People v. Munoz, 237 A.D.3d 1110, 1111, 230 N.Y.S.3d 414).  We decline to review it in the exercise of our interest of justice jurisdiction (see People v. Munoz, 237 A.D.3d at 1111, 230 N.Y.S.3d 414;  People v. Bynum, 225 A.D.3d 781, 781, 207 N.Y.S.3d 166).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and GOLDBERG VELAZQUEZ, JJ., concur.